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2014 - Second Quarter

July 1, 2014

Trial Numbers

  • MVA - Plaintiffs won 6/11.
  • Bicycle - Plaintiffs won 1/2.
  • Medical Malpractice - Plaintiffs won 1/2.
  • Underinsured Motorist - Plaintiffs won 1/1.
  • Motorcycle - Plaintiffs won 1/1.
  • Negligent Security - Plaintiffs won 0/1.
  • Assault - Plaintiffs won - 0/1.

Notable Trials

Merez v. Tuality Healthcare, Multnomah County Case No. 1212-16439

Plaintiff was taken to the Emergency Room at Tuality Hospital after suffering an apparent stroke.  While there he came under the care of a neurologist.  Two days later plaintiff was released from the hospital without an MRA or CTA test done to determine the cause of the stroke.   No testing was done to rule out serious life threatening conditions such as as basilar artery stenosis.  After being home for 48 hours plaintiff had another, more significant, stroke. He was rushed back to the hospital and to defendant’s care.  This time a MRA was performed and significant stenosis of the basilar artery was discovered.  Plaintiff was discharged from the hospital two days later and told there was nothing that could be done – he would die.  Plaintiff was not referred to a stroke specialist or advised about interventional/endovascular therapy.  Plaintiff then suffered a third stroke and became partially paralyzed, and totally and permanently disabled.  Plaintiff sought $3,432,873 in economic damages for past and future medical bills, life care and past and future wage losses.  Plaintiff also sought $2,500,000.00 in non-economic damages.  His wife sought $1,500,000 in non-economic damages for loss of consortium. Total Verdict - $4,745,469.

Rife v. McAfee, Multnomah County Case No. 1304-05481

Plaintiff was hit in a rear-end style car crash.  Defendant admitted liability but disputed causation and damages.  Plaintiff claimed injuries including: L4-L5 disc protrusion requiring two surgeries; L5-S1 disc injury requiring fusion surgery and multiple epidural injections, facet injections and nerve ablations and a C5-C6 annular tear. Plaintiff sought non-economic damages of $1,300,000.00.  She claimed economic damages of $805,967.39 for past and future medical expenses, and past and future lost wages. Total Verdict - $628,218.22

Reusser v. Rushing and Multnomah County, Multnomah County Case No. 1305-06328

Plaintiff was on a motorcycle travelling on SE 39th when defendant turned left across his lane of travel causing a crash. Plaintiff flew off the motorcycle, over the hood of the car and landed on the street. He broke ribs, dislocated his shoulder, strained his back and wrist, worsened pre-existing hip arthritis and suffered road rash and contusions all over his body. The car’s driver was a Multnomah County employee and was operating the car on the job. Plaintiff claimed damages including: medical bills of $28,233.09,  wage losses of $7,239.96, pension losses due to being out of work of $11, 856.00 and non-economic damages of $500,000. Defendant’s answer asserted comparative fault for plaintiff driving too fast, not keeping a proper lookout and failing to properly control his motorcycle. Total Verdict - $234,649.89.

Morrison v. Griesar, Multnomah County Case No.1304-04746

Plaintiff was on a bicycle travelling on NE Alberta on the far right side of the roadway when she approached a car parked on the street. The defendant was in the car and opened the door.  Plaintiff collided with the door causing scarring and nerve damage in her leg. Plaintiff alleged that defendant failed to keep a proper lookout before opening the door and violated Oregon law (ORS 811.490) in opening the door without first making sure it was clear to do so.  Plaintiff sought $550,000.   Defendant denied liability and alleged that plaintiff was travelling too fast, too close to parked cars and not keeping a proper lookout. Defense Verdict.

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